appeal for denied skilled worker visa

[pinoy16]

Hi Everyone,

I applied as a skilled worker last 2004 and I received my denied application letter last January, 2010. Do you know if I can still appeal my case through a Lawyer. thanks

 

[norbieumali]

Hi! I have a friend from Saudi Arabia who applied as Permanent Resident and was denied in 2008. She re-applied as FSW using an agent last 2010. With this scenario, I assumed that you have to wait at least 2 years after you received your denial letter to re-apply under FSW category. But Im not sure of my suggestion, you should consult an expert agen about this.

I hope this could help. Cheers!!!

 

[Pippin]

I am not an expert, but if you qualify under FSW it would probably be a lot faster and cheaper than mounting an appeal. Hope you can find a Plan B to work on. Good luck.

 

[saki]

Hi,

Its been an year now since you received the decision, as far as i think there is a specific time frame given in which you can appeal and since now its been 1 yr i dont think you can appeal. The best option for you is to re-apply under the new rules.

Cheers
Saki

 

[krislovesau]

Check if you will qualify under the new system and then apply. The processing time is even faster! Good luck!

 

[kelKel]

You have 30 days from the denial to launch an appeal.

 

[pinoy16]

Thanks a lot for your answers. Just to let you know that I contacted my previous consultant and re-assess my Job Description, they said that I am not qualified for their new list of professions. Any suggestions that I can go to Canada as immigrant? What about Entrepreneur? Thanks.

 

[angdyosa]

Hi Everyone,

I applied as a skilled worker last 2004 and I received my denied application letter last January, 2010. Do you know if I can still appeal my case through a Lawyer. thanks

hi! try under the provincial nominee. my friend applied under this category and passed. btw, what is the reason of ur denial? ... dont lose hope. God has another plan for you if u were denied that time.. as i read in the previous forum, they were denied but when they re apply, they were okay. Gooddluck!

 

[solokru]

How about posting more details like your current job, NOC classification, degree(s) you have, number of children, etc. By being more specific about the details of your application, more people would be able to give their suggestions.

Good luck!

 

[igbehinadara]

Sorry about your rejection.Can you please post the reasons for rejection?


Ig

 

[Mezo2009]

You have 30 days from the denial to launch an appeal.

Hello kelkel,

Would you advise from the source from where the 30 days came from?

I've been studying the Appeal Laws and regulations in OP21, Immigration and Refugee Protection Act, Immigration and Refugee Regulations and I couldn't, yet, find this 30 days thing. Also, appeals before IAD or judicial committee is not granted for FSW unless specific requirements are there. In many cases, the CIC officer decision is ultimate and final.

I will one day summarize the whole thing in this forum.

Cheers

Mezo

 

[ashish_khullar]

Dear All,

Can anybody tell me what is the procedure of filing an appeal against a rejection order of the Canadian Embassy..
I am an Indian citizen and applied for a visa in the investor category.
You may reply on iqbalsrcc@gmail.com

Thanx

 

[Mezo2009]

Hi Everyone,

I applied as a skilled worker last 2004 and I received my denied application letter last January, 2010. Do you know if I can still appeal my case through a Lawyer. thanks

What are the reasons of rejection? Let's hope we can help you.

 

[Mezo2009]

Dear All,

Can anybody tell me what is the procedure of filing an appeal against a rejection order of the Canadian Embassy..
I am an Indian citizen and applied for a visa in the investor category.
You may reply on iqbalsrcc @ gmail.com

Thanx

Hello Ashish,

I recommend you read OP21 at http://www.cic.gc.ca/English/resources/manuals/op/op21-eng.pdf.

However, all appeal laws don't address the right of foreign national to appeal under FSW, entrepreneur or investor programs. Exceptions were made for family reunion and various others.

Appeals are made before IAD and on writing. IAD looks for appeals for:
"refusal of a sponsorship application for members of the family class;

• refusal of an immigration application by a member of the family class;

• removal orders made against permanent residents and protected persons at an examination or admissibility hearing;

• Minister's appeal of a decision made by a member of the Immigration Division; and

• appeals of overseas decisions on loss of permanent resident status."

As you see, your case is not shown above, however, I suggest you consult an immigration law firm in Canada itself who has experience in such appeals.

I will update you shall I find some other way.
Cheers

Mezo

 

[pinoy16]

Hello everyone,

To those who wants to know the reason I got denied was because I only got 64 points. I got a low score in English test. I want to make an appeal (if possible) so I can take another English test if they would consider. I took my english test last 2003 and my consultant don't even tell me to get a new one. I'm still waiting for Atty. Cohen and his staff to reply my inquiry to them. Hope they answer my inquiry asap.